On Thin Ice: The Court’s Judgment in Case C-124/21 P, International Skating Union v Commission

Insight

Abstract: This judgment provides the foundations for applying art. 101 TFEU to rules or sporting organisations related to competing organisations. At hand was a rule that banned athletes from competing in non-approved skating competitions. The Commission found this rule to be a restriction of competition by object, which was largely upheld by the...

European Super League Company and the (New) Law of European Football

Insight

Abstract: In European Super League Company (ESLC), the Court of Justice was faced with a challenge against the legality of FIFA and UEFA’s prior approval scheme for the creation of, and participation in, breakaway football competitions. The Court’s judgment is lengthy and nuanced, and touches on many of the issues which have characterised the ever-...

Before the Gatekeeper Sits the Law. The Digital Markets Act's Regulation of Information Control

Highlight

Keywords: Digital Markets Act – gatekeepers – information – data – contestability – fairness.

The entry into force of the Digital Markets Act (DMA) introduces a novelty into the legal lexicon.[1] A new term elbows its way into the bustling debate over the regulation of the...

Fairness in the Digital Markets Act

Insight

Keywords: Digital Markets Act – platform economy – fairness – equity – distribution – legal standard.

The notion of “fairness” is ubiquitous in the Digital Markets Act (“DMA”).[1] Yet, its meaning remains elusive. This piece considers different ways to interpret fairness in the...

Putting Limits on Judicial Creativity: AG Kokott’s Opinion in Commission v CK Telecoms

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Keywords: SIEC – non-collusive oligopoly gap – standard of proof – Advocate General – UPP test – horizontal mergers.

On 20 October 2022, Advocate General (AG) Kokott delivered her Opinion in Commission v CK Telecoms.[1] This constitutes a major recent development in the...

Digital Markets Act (DMA): A Consumer Protection Perspective

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Keywords: Digital Markets Act – DMA – consumer protection – EU consumer law – fairness – digital law.

In December 2020, the European Commission proposed a new set of rules in a long-anticipated package falling in line with the European Digital Strategy.[1] The landmark digital...

Adapting Competition Law to the Digital Transition. Two Challenges

Insight

Abstract: The European responses to the COVID-19 outbreak have triggered an ongoing review process of competition rules and enforcement procedure to support the Union’s priorities. In this context, the European Commission published the Communication ‘A Competition Policy Fit for New Challenges' with the aim of underlining the ability of competition...

The EU General Court's 2022 Intel Judgment: Back to Square One of the Intel Saga

Insight

Abstract: The latest judgment of the General Court in the Intel case annulled the EU Commission’s decision from 2009 imposing a €1.06 billion fine on Intel for abusing its dominant position by offering fidelity rebate schemes (case T‑286/09 Intel v Commission ECLI:EU:T:2022:19). The judgment reaffirms the application of an “effects...

Google Shopping and the Quest for a Legal Test for Self-preferencing Under Article 102 TFEU

Insight

Abstract: Does a dominant firm abuse its market power in violation of EU competition law and, more specifically, art. 102 TFEU if it accords more favourable treatment to its own products or services than to those of its rivals? In answering this question in the affirmative and holding that self-preferencing constitutes a novel type of abuse of...

The Court of Justice’s Sumal Judgment: Civil Liability of a Subsidiary for its Parent’s Infringement of EU Competition Law

Insight

Abstract: The judgment of the Court of Justice in the Sumal ECLI:EU:C:2021:800 case charts new territory in the application of the concept of the “economic unit” in EU competition law. In addition to the established principles regarding the liability of the economic unit for fines imposed by the European Commission, the Court has found that...

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